H 3179 General Bill, By D. Smith and Leach
 A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PENALTIES, ENFORCEMENT, AND RELATED PROVISIONS REGARDING THE LAW
 ON SAFETY BELTS, SO AS TO PROVIDE AFFIRMATIVELY THAT A VIOLATION OF THIS LAW
 IS A MISDEMEANOR, REVISE THE PENALTIES FOR VIOLATION, AND DELETE CERTAIN
 PROVISIONS, INCLUDING THOSE MAKING THE VIOLATION OF THIS LAW A SECONDARY
 OFFENSE; AND TO PROVIDE THAT ALL SCHEDULES OF RATES, RATE CLASSIFICATIONS, AND
 RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED
 WITH THE SOUTH CAROLINA DEPARTMENT OF INSURANCE SHALL PROVIDE FOR A FIVE
 PERCENT REDUCTION IN PREMIUM CHARGES OF EVERY KIND FOR ALL INSURED PERSONS
 UPON THE EFFECTIVE DATE OF THIS ACT.

   01/06/99  House  Prefiled
   01/06/99  House  Referred to Committee on Judiciary
   01/12/99  House  Introduced and read first time HJ-67
   01/12/99  House  Referred to Committee on Judiciary HJ-67

TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES, ENFORCEMENT, AND RELATED PROVISIONS REGARDING THE LAW ON SAFETY BELTS, SO AS TO PROVIDE AFFIRMATIVELY THAT A VIOLATION OF THIS LAW IS A MISDEMEANOR, REVISE THE PENALTIES FOR VIOLATION, AND DELETE CERTAIN PROVISIONS, INCLUDING THOSE MAKING THE VIOLATION OF THIS LAW A SECONDARY OFFENSE; AND TO PROVIDE THAT ALL SCHEDULES OF RATES, RATE CLASSIFICATIONS, AND RATING PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE SOUTH CAROLINA DEPARTMENT OF INSURANCE SHALL PROVIDE FOR A FIVE PERCENT REDUCTION IN PREMIUM CHARGES OF EVERY KIND FOR ALL INSURED PERSONS UPON THE EFFECTIVE DATE OF THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten dollars, all or part of which may be suspended fined fifty dollars or imprisoned for thirty days, or both. No court costs may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 2. All schedules of rates, rate classifications, and rating plans for automobile insurance as defined in Section 38-77-30 of the 1976 Code filed with the Department of Insurance shall provide for a five percent reduction in premium charges of every kind for all insured persons in South Carolina upon the effective date of this act.

SECTION 3. This act takes effect July 1, 2000.